Chinnathambi v. The Assistant Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.05.2015

CORAM:

THE HONOURABLE MR.JUSTICE V.M.VELUMANI Criminal Original Petition (MD) No.9505 of 2015 Chinnathambi ... Petitioner Vs 1.State rep. By The Assistant Superintendent of Police, Tenkasi, Thirunelveli District

2. The Sub Inspector of Police, Ayikudi Police Station, Senkottai Taluk, Thirunelveli District.

(Crime No.85 of 2015) ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the learned Principal Sessions Judge ( PCR court), Thirunelveli to consider the bail application of the petitioner on the same day on his surrender in connection with Crime No.85 of 2015 on the file of the respondents police.

For Petitioner : Mr.Porkodi Karnan For Respondent : Mr.A.P. Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the learned Principal Sessions Judge ( PCR court), Thirunelveli to consider the bail application of the petitioner on the same day on his surrender in connection with Crime No.85 of 2015 on the file of the respondents police.

2. The petitioner is alleged to have committed the offences under Sections 147, 294(b), 323, 341, 506(ii) of IPC and 3(1)(x) of SC/ST (POA) Act,. 2014. It is stated by the petitioner that he is an innocent.

3. The learned counsel for the petitioner would submit that the petitioner is prepared to surrender before the learned Principal Sessions Judge ( PCR court), Thirunelveli to co-operate with the prosecution and his petition for bail may be ordered to be considered on the same day.

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4. The learned Government Advocate (Crl. Side) would oppose the said request.

5. Considering the submission of the petitioner and considering the facts and circumstances by issuing a direction to the learned Principal Sessions Judge ( PCR court), Thirunelveli to dispose of the petition for bail on the same day, no prejudice would be caused to the prosecution, the following direction is issued to the learned Principal Sessions Judge ( PCR court), Thirunelveli:- "In the event of the petitioner surrendering before the learned Principal Sessions Judge ( PCR court), Thirunelveli and his filing of petition seeking bail, the concerned Judge shall dispose of the said petition for bail on the same day strictly on merits and in accordance with law."

6. Accordingly, the Criminal Original Petition stands disposed of.

Sd/- Vacation Officer/ Assistant Registrar(Per.Admn) /True copy/ sub Assistant Registrar trp To

1. The Principal Sessions Judge ( PCR court), Thirunelveli

2. The Assistant Superintendent of Police, Tenkasi, Thirunelveli District

3. The Sub Inspector of Police, Ayikudi Police Station, Senkottai Taluk, Thirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.POLAX LEGAL SOLUTIONS,ADVOCATE IN SR NO.26321 Crl.O.P(MD).No.9505 of 2015 27.05.2015 RG.28.05.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/